Securing release and cancellation letters upon resignation is a significant challenge for expatriates working in China. Employers often expect you to remain in their employ indefinitely, making the transition to a better-paying opportunity particularly complex.

To preserve confidentiality, let’s refer to the key figure in this narrative as Boris. Boris had been employed at a school in Beijing for nine years when he discovered a more lucrative job opportunity during his summer break, prompting his decision to resign.

Despite informing the school of his intention to depart during the summer vacation, the school maintained that Boris was obligated to continue his tenure, citing an agreement made via WeChat to work through 2023. However, no formal contract was in place, and Boris’s existing contract had expired in July.

Uncertain of how to proceed, Boris’s girlfriend, acquainted with one of my high school alumni, reached out to me to navigate this complex situation.

Upon review, I discovered that Boris’s social insurance contributions had been neglected. We leveraged this by issuing a legal notice to the school, cautioning them of the potential legal consequences if they refused to release Boris from his obligations.

The school, upon receiving our lawyer’s letter, became amenable to discussions. It was further verified by the social insurance bureau that Boris’s social insurance had indeed gone unpaid. With this information, we were poised to pursue labor arbitration where we could potentially claim up to eight months of Boris’s salary, leveraging the eight years of his service at the institution.

Lawyer’s Letter

 

Boris was keen to avoid the complexities of litigation; his primary goal was to expedite his transition to the new employer. I capitalized on the leverage of eight months’ worth of potential severance pay to negotiate the acquisition of his release documents.

We struck a deal with the school whereby we agreed to relinquish any claims to severance pay in exchange for the school’s prompt cancellation of Boris’s work permit and the issuance of his release and cancellation letters.

Boris was exceedingly satisfied with the outcome, as the resolution of the matter was remarkably seamless.